Employment

Expert Analysis

• An Associate's Guide To Rebounding After A Layoff

  

  Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

• AML Regulation Of Lawyers Is Imminent And Controversial

  

  The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

• Opinion

  The Equal Rights Amendment Should Be Published Today

  

  Reports of the Equal Rights Amendment’s early demise due to a purported deadline set by Congress are false, and failure to publish this prohibition against sex-based discrimination as part of the U.S. Constitution has pernicious consequences that will continue to infest federal jurisprudence until publication occurs, says attorney Michele Thorne.

• Worker Misclassification Poses Large Perils For NJ Cos.

  

  Considering the New Jersey Legislature’s and governor’s recent focus on worker misclassification — as well as the state supreme court’s recent interpretation of the so-called ABC test — the dangers of noncompliance for businesses that use independent contractors cannot be understated, say Brent Bouma and Peter Shapiro at Lewis Brisbois.

• Key Adaptations For Law Firms Amid Quiet Quitting Movement

  

  While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

• What New Colo. Noncompete Law Means For Employers

  

  Mary Will and Jill Zender at Faegre Drinker discuss key elements of a newly effective Colorado law that adds further restrictions to the use of worker noncompete agreements, explain what types of contracts are still permissible in the state, and share employer compliance tips.

• How Weingarten Rights May Operate In A Nonunion Workplace

  

  A recent National Labor Relations Board memo signals an interest in giving nonunion employees a right to have a coworker representative present in disciplinary hearings, but concerned employers may find solace in limits the agency has placed on union employees' Weingarten rights over the years, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

• Creating A Hybrid Work Policy? Be Intentional And Inclusive

  

  The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

• Physician Noncompetes May Get Federal Antitrust Treatment

  

  While interpretation and enforcement of health care noncompete agreements have traditionally been viewed as state law matters, the agreements are increasingly facing scrutiny of their anticompetitive effects at a national level, say John Zen Jackson and Jessica Carroll at Greenbaum Rowe.

• Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling

  

  The D.C. Circuit's recent ruling in Constellium Rolled Products v. NLRB — that a worker was improperly fired for using profanity while protesting company policy — highlights confusion surrounding worker protections for concerted activity and the high bar for employers to prove discipline is unrelated to such activity, say John Hargrove and Anne Yuengert at Bradley Arant.

• A Law Firm's Guide To Humane Layoffs As Recession Looms

  

  Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

• All Employers Must Heed Md. Paid Commuting Time Ruling

  

  The Maryland Court of Appeals’ recent ruling that federal pay carveouts for preliminary work don't apply to state wage laws is a wake-up call for employers nationwide, who should proactively review their employees' pre- and post-shift activities, analyze state laws, and take steps to avoid liability, say Kirsten Eriksson and Elisabeth Hall at Miles & Stockbridge.

• NLRB Reversal On Union Apparel Is A Warning For Employers

  

  The National Labor Relations Board's recent reversal of Trump-era case law in its Tesla ruling significantly limits when employers may restrict union insignia on clothing in the workplace and provides multiple cautionary takeaways for employers, say attorneys at Shipman & Goodwin.

• Consider Liability Before Accessing Workers' Personal Emails

  

  A Georgia state appeals court's ruling in Patel v. Duke Hospitality around monitoring employee computer and email use demonstrates that employers must establish airtight legal justification, backed by company policies and employee consent, before initiating digital investigations that may lead to access of personal employee accounts, says Benjamin Fink at Berman Fink.

• Learning From Trump And Bannon Discovery Strategies

  

  Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.